Seed Program
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- Are all persons and companies who sell, label, or custom clean seed required to obtain a Colorado seed registration?
No. Seed that is not intended for propagation is not regulated.
Seed held for wholesale transactions does not necessitate a seed registration.
Seed that is grown and sold on the seller's premises may be exempt under the law. However, the seed is still subject to the noxious weed provisions of the law. To qualify for this exemption, a farmer must meet ALL of the following criteria:
a. The seed cannot be delivered by common carrier or by the post office;
b. The seed cannot be commercially advertised in any way; and
c. The seed cannot be of a variety protected by the federal "Plant Variety Protection Act".
Companies and individuals who only sell seed in pre-packaged containers of one pound or less are not required to register. However, labelers of seed of one pound or less are still required to register.
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- How much does a seed registration cost?
It depends upon what role is played by the seedsman. If a person or company performs the functions of multiple categories, then only the highest applicable fee is paid.
1. retail seed dealer = $25 per year
2. farmer seed labeler = $75 per year
3. custom seed conditioner = $300 per year
4. seed labeler = $300 per year
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- What is meant by "custom seed conditioner"?
Custom seed conditioners are those companies and individuals who engage in the business of cleaning, scarifying, sizing, or any other operation which could change the purity or germination of seed with either a stationary or portable machine for hire.
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- Does any seed operation need to maintain records of seed transactions?
Yes. Seed labelers (including farmer seed labelers) need to keep complete records for two years concerning the origin, sale, shipping, and disposition of seed they label.
Seed conditioners need to maintain records concerning the owner of the seed, kind, variety if known, quantity, and date and place of cleaning for each lot of seed conditioned.
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- What are the penalties for violating the Colorado Seed Act?
One or more of the following actions may be employed when dealing with violations of the Colorado Seed Act.
1. Cease and desist orders
2. Court injunctions
3. Denial, suspension or revocation of a seed registration
4. Civil penalties (up to $2500 per violation)
5. Embargo of seed in violation
6. Criminal penalty upon conviction (class one misdemeanor)
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